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![handle is hein.gao/gaobaddjq0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISIc i . . OF THE .UNITED STATES
S0LWASHINGTON, D.C. 20549
FILE: B-186879 DATE: July 29, 1976 g? 74?
MATTER OF: Korad, a Division of Hadron, Inc.
DIGEST:
1. Bid was properly rejected as nonresponsive where IFB
required delivery within 90 days after date of contract
and bidder modified bid form to show scheduled delivery
within 90 days after receipt of order, since contract is
deemed to result upon mailing of award and effect of
delivery ARO is to shift to Government risk of failure
in communication so that bidder's obligation to perform
accrues 90 days after notice is received.
2. Protests concerning an affirmative determination of respon-
sibility are no longer reviewed by GAO except for reasons
not applicable in this case.
Korad, a Division of Hadron, Inc. (Korad) protests a deter-
mination by the Naval Regional Procurement Office, Washington
Navy Yard, Washington, D. C. (Navy), under IFB NOO600-76-B-
0127, for a laser welding system. It appears that the Korad bid
was rejected as nonresponsive, since as Korad admits, the IFB
required delivery to be made within 90 days after date of con-
tract and our stated delivery schedule showed 90 days ARO
(after receipt of order).
As stated by Korad, its bid was $28, 270, or $7, 730 less
than the second low bid. Korad also offered an alternative but
apparently similarly defective bid for less than the second low
bid. It notes that the contracting officer found that, since
. . . [Korad] referred to ARO * next to the 90 days, this
actually meant 96 days because of mail delays which would ex-
ceed the required 90 days delivery. However, Korad argues
that:
* * 'In addition to notification of awards via the mail,
which would normally take 3-4 days to reach Santa
Monica, the Purchasing Office in Washington, D. C.
could have notified our local salesman whose office
is in metropolitan Washington, D..C. -c- telephoned
the order to the factory in Santa M a -as is fre-
quently done.
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